A deposition in a personal injury case is a detailed questioning of a witness, under oath, by one of the attorneys (plaintiff’s or defendant’s) in the case. These interviews occur during the discovery phase of the personal injury lawsuit process. They are used by both sides to craft their cases and develop counterpoints to the opposing party’s arguments.
Experienced personal injury attorneys understand the value of thorough depositions and how the information gleaned from these detailed interviews can significantly affect case outcomes and the likelihood of fruitful settlement negotiations. Understanding what happens after depositions are complete can help you better follow the progress of your own claim.
What to expect during the deposition
Be prepared: you will very likely be deposed by the opposing counsel. You will be answering questions under oath, so be honest, but do not overshare. Anything you say in the deposition becomes part of the court record and can be used against you by the other side.
Your lawyer does have the right to object to certain lines of questioning if they believe the defendant’s attorney is overly invasive. A judge will review the transcript and make a ruling on whether to exclude certain portions of the testimony.
A court reporter records each deposition verbatim, then provides a transcript to each party. Review yours carefully with your lawyer; this is your chance to make corrections or point out inaccuracies. Once both lawyers have reviewed the transcript, it’s filed with the court and can be cited during mediation, settlement negotiations, or trial.
Who is deposed in a personal injury case?
Part of the discovery process involves collaborating with an expert witness, or witnesses, who can clear up certain points or lend authority to one side’s argument. Your lawyer may enlist the services of:
- Medical specialists, who affirm the link between the accident and your injuries, explain to a jury how they happened, and estimate the long-term cost of care
- Accident reconstructionists, most commonly used in car and semi-truck accident cases
- Vocational experts are necessary when the plaintiff is no longer able to work and suffers a loss of earning potential
- Psychological experts to help properly value intangible losses (loss of quality of life, pain and suffering, etc.)
- Economic experts can help you properly value your financial losses
- Engineers, common in claims involving structural deficiencies (especially premises liability and defective consumer product cases)
- Transportation experts to point out where a truck driver or trucking company violated federal safety regulations
Non-expert witnesses may also be deposed, like eyewitnesses or the responding law enforcement officer.
How long do depositions take?
The more complex your claim and the more parties involved, the longer depositions usually take. If one or both sides book services from expert witnesses, the depositions may have to be on the expert’s schedule, not yours. Expect depositions to take anywhere from a week to a couple of months. There is, however, a time limit for both sides to complete discovery, including completing depositions.
Settlement negotiations after depositions
After depositions, both sides have a better grasp on the strengths and weaknesses of their respective cases. It’s not uncommon for the defendant’s insurance company to offer a better settlement agreement after depositions, as they may not feel like it’s worth spending the money on a trial they are not sure they will win.
Following a deposition, settlement negotiations may be taken more seriously by both sides, or one party may suggest mediation to help reach an agreeable compromise. Mediation is an alternative dispute resolution process overseen by a neutral third party, helping both parties come to an agreement. This is common in personal injury cases, as it saves both sides the time and expense of a trial.
Conversely, settlement negotiations may not go anywhere. Each party could walk away more convinced of the strength of their case after mediation and, as a result, be less willing to settle. Your lawyer may determine that your case warrants punitive damages (punishing damages levied against defendants whose actions are egregiously negligent or malicious) after reviewing the deposition transcripts, and could advise going to trial. Punitive damages are awarded by juries and are not part of a typical settlement offer.
What happens next depends on the unique details of your case.
Why legal experience matters during depositions
Depositions are a critical part of case-building in personal injury claims and are integral to your case’s success. Knowing the right questions to ask, knowing who to depose, and properly using the testimony are the hallmarks of experienced personal injury attorneys. At Shaheen & Gordon, we believe in exhaustive depositions to help us gather as many facts and impressions about the case as possible.
If you’ve been hurt in an accident and need help getting a fair settlement offer, call us at (800) 451-1002. We offer a free consultation for new personal injury clients.
